Opinion
Case No. SC02-2645.
January 15, 2003.
ORDER DIRECTING IMPANELMENT OF A STATEWIDE GRAND JURY
THE COURT, having considered the Petition of the Honorable Jeb Bush, Governor of Florida, for an order to impanel a statewide grand jury, and being fully advised of the relevant matters, hereby finds as follows:
A. This Court has jurisdiction to enter the order sought pursuant to the provisions of Section 905.33, Florida Statutes.
B. The Petitioner, Jeb Bush, Governor of Florida, has shown good and sufficient reason exists and that it is in the public interest to impanel a statewide grand jury, with jurisdiction throughout the State of Florida, to investigate crime, return indictments, make presentments, and otherwise perform all functions of a grand jury with regard to the offenses of bribery, burglary, criminal usury, extortion, gambling, kidnaping, larceny (now theft), murder, prostitution, perjury, and robbery; crimes involving narcotic or other dangerous drugs; any violation of the provisions of the Florida RICO (Racketeer-Influenced and Corrupt Organization) Act; including any offense listed in the definition of racketeering activity in § 895.02(1)(a), providing such listed offense is investigated in connection with a violation of § 895.03; any violation of the provisions of the Florida Anti-Fencing Act; any violation of the provisions of the Florida Antitrust Act of 1980, as amended; any crime involving, or resulting in, fraud or deceit upon any person; or any attempt, solicitation, or conspiracy to commit any violation of the crimes specifically enumerated above.
C. The matters to be inquired into are offenses occurring, or having occurred, in two or more judicial circuits as part of a related transaction or when any such offenses are connected with an organized criminal conspiracy affecting two or more judicial circuits.
WHEREFORE, THE COURT, pursuant to the provisions of Sections 905.31 through 905.40, Florida Statutes, Statewide Grand Jury Act, hereby orders as follows:
1. A statewide grand jury shall be promptly impaneled for a term of twelve calendar months, to run from the date of impanelment, with jurisdiction throughout the State of Florida, to investigate crime, return indictments, make presentments, and otherwise perform all functions of grand jury with regard to the offenses of bribery, burglary, criminal usury, extortion, gambling, kidnaping, larceny (now theft), murder, prostitution, perjury, and robbery; crimes involving narcotic or other dangerous drugs; any violation of the Florida RICO (Racketeer-Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in § 895.02(1)(a), providing such listed offense is investigated in connection with a violation of § 895.03; any violation of the provisions of the Florida Anti-Fencing Act; any violation of the provisions of the Florida Antitrust Act of 1980, as amended; any crime involving, or resulting in, fraud or deceit upon any person; or any attempt, solicitation, or conspiracy to commit any violation of the crimes specifically enumerated above, when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits.
2. The statewide grand jury shall be drawn from the certified jury lists submitted by the chief judges of the Eleventh, Fifteenth and Seventeenth Circuits in Florida.
3. The Honorable Dale Ross, Chief Judge in and for the Seventeenth Judicial Circuit, is designated as presiding judge over the statewide grand jury. In his capacity as the presiding judge, the Honorable Dale Ross shall maintain judicial supervision of the statewide grand jury, and all indictments, presentments, and formal returns of any kind made by such grand jury shall be returned to the presiding judge. The presiding judge may designate an alternate presiding judge in the event of calendar conflicts or otherwise and to assist in the administrative process of the statewide grand jury.
Thomas D. Hall, Clerk of the Supreme Court of Florida, is hereby designated clerk of this statewide grand jury and is empowered to deputize any clerk of a circuit court or any deputy clerk of a circuit court to issue necessary process and to carry out the administrative functions of the statewide grand jury.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE and CANTERO, JJ., concur.
BELL, J., did not participate.